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BEERMAN, APPELLEE v. CITY OF KETTERING ET AL., APPELLANTS.

Appeal — From administrative board to Common Pleas Court — Decision reversed because unsupported by evidence on record — No bill of exceptions or finding of facts by trial court — Reviewing court has no alternative but to affirm judgment — Municipal board of zoning appeals.

Per Curiam.

This court finds itself in the same predicament as did the Court of Appeals. There is no bill of exceptions and no findings of fact and conclusions of law by the trial court.

In entertaining the appeal we were not fully aware of the situation as it has developed. For the reason stated, we cannot reach the merits of the controversy, and we are constrained to affirm the judgment of the Court of Appeals.

Judgment affirmed.

TAFT, C.J., ZIMMERMAN, MATTHIAS, HERBERT, SCHNEIDER and BROWN, JJ., concur.

TROOP, J., dissents.

TROOP, J., of the Tenth Appellate District, sitting for O'NEILL, J.

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BEERMAN v. KETTERING
(Mar 20, 1968)